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Georgia Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Georgia on
Q: My dad named me POA in 2015.He died 2017.Is there a time limit for my brother to demand an accounting from me?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 24, 2020

Sort of, but not really. Once your father died, only the executor or administrator can demand an accounting from you. If you are the executor or administrator, he can demand an accounting of you and you would need to go back in time and account for your conduct as POA.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If my folks pass away is it required for my name to be on the deed to avoid probate? Blairsville GA

My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?

Nina Whitehurst
Nina Whitehurst answered on Jul 14, 2020

In most cases the best way is a revocable living trust, but every situation is unique and sometimes an irrevocable trust makes the most sense or some other technique altogether. Many factors need to be taken into consideration. Your best bet is to consult with an experienced estate planning or... Read more »

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2 Answers | Asked in Estate Planning for Georgia on
Q: Can I do. Living (revocable) Trust in Georgia?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 11, 2020

Yes, revocable trusts are allowed in Georgia, but they are rarely worth the money spent establishing them,. Occasionally, a client has a unique set of circumstances that makes a revocable trust proper. Make sure you see a very experienced estate planning attorney to assist you.

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2 Answers | Asked in Estate Planning, Family Law and Child Custody for Georgia on
Q: What type of attorney does she need?

I have an elderly friend who has full custody of her great grandson. She is wanting to have paperwork stating who the child should be appointed to in case of her death. She wants to appoint a non family member. Is that possible?

How can you not have a say in where the child should go.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jun 15, 2020

It's not possible to designate who will take care of a child after a guardian's death. That is not binding. Whoever wants custody at that time will have to file something.

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1 Answer | Asked in Estate Planning, Banking and Elder Law for Georgia on
Q: Can a power of attorney include medical consultant for the person that the poa is for?
Jammie Taire
Jammie Taire answered on Jun 11, 2020

Yes. I am not clear on "medical consultant" but a power of attorney can include provisions to allow the agent to access medical records. It is also recommended that an advance directive for healthcare be completed as this will appoint an agent for healthcare decisions.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Probating 3 different estates, all revolving around 1 piece of property that is located in another state?

My mom's parents owned a home together in GA (w/o rights of survivorship). They had 3 kids (#1, 2, & 3). Kid #1 died in 2001 & has 3 children. My grandma then died in GA in Sept 2003, presumably leaving her half of the home to my grandpa & her children/grandkids.

Kid #2... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 3, 2020

First, get a lawyer to help you through this. By the time to finish with all the issues that will arise, you will find that a lawyer will save you time, and at the end of the day, money. You can only open a probate in the county where the deceased person lived. There are some rare exceptions to... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can you will a car to your wife and then to someone else after wife's death if wife had transferred title and ownership?

Man dies leaving car to his wife who then takes full ownership titling it in her name. Man also puts in will that upon wife's death his son is to have the car. If the car is legally the wife's now, is this even legitimate?? Does the son have a claim?

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 2, 2020

If the man willed his car to his wife, and she put the car in her name, she is free to do whatever she wishes with the car. She is not required to then pass the car along to the son.

1 Answer | Asked in Estate Planning for Georgia on
Q: My mother passed away last year and left me and my sister the house in a trust. The property is in Chicago

I live in Stockbridge GA and If I sign my interest over to her due to the fact she wishes to move in the house and how much say will I have if things go wrong at a later date? Plus will I be liable for any property taxes and insurance?

Nina Whitehurst
Nina Whitehurst answered on May 27, 2020

If you "sign over" your interest you will not have any liability for future taxes and insurance but, on the other hand, you will have given up a valuable asset. Why not sell your 50% interest to your sister for fair value?

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: I divorced my ex 7 years ago and got Remarried, Me and my ex been married 10 yrs w/2 kids and my new wife and I been

Married five years with 2 kids. I put my wife on the deed of the house...If I pass way does my property get left to my ex wife or my new wife? Also would my ex wife collect my pension? I don’t want the ex to get anything from me. I want everything to go to my current wife

Regina Irene Edwards
Regina Irene Edwards answered on May 27, 2020

You need to contact an attorney who can write a will for you.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can there be co-administrators of an intestates estate in Georgia?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 21, 2020

Yes. While it is usually not advisable, it is legal. When there are co-administrators, they both have to be around to sign all documents and checks. You will be hard pressed to find a bank that will allow you to demand two signatures on a check. Also , without proper language in a will, you... Read more »

2 Answers | Asked in Estate Planning for Georgia on
Q: What happens if a will is not probated in Alabama in 5 years?
Jammie Taire
Jammie Taire answered on May 16, 2020

You would need to consult with an attorney in Alabama or one who is licensed to practice in AL. I believe this question may have been mistakenly posted for GA.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Basically my father passed I am the trustee and I have two sisters a half and a whole. My father made me the trustee

He also made my mom the second trustee so if I die she gets everything. I even put my assets in the trust. It has its own tax Id and everything. The house my viper my 1976 classic bronco and all my money and etc are all in the trust it’s a revocable trust and I have left it open since my father... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 14, 2020

I’m not clear on what the question is here. You may want to revise. It sounds like it would be beneficial to speak with a probate attorney. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Estate Planning for Georgia on
Q: I’m a trustee of my fathers estate he passed in 2015. I gave a copy of the trust to my mom as the second trustee

I gave her a copy. There are no more beneficiaries. Do I have any exposure. I have a sister and a half sister. They were not listed in the will or the trust. Do I have legal requirements none petitioned his death at the time. And from what I was told were not required to have a copy of the trust.... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 13, 2020

This question is way beyond the scope of a proper answer. The answer depends on the trust language, the will language and any amendments. If you are the sole trustee and are concerned with what happens when you die, a consultation with an estate planning lawyer is appropriate. Something has to... Read more »

3 Answers | Asked in Family Law, Estate Planning and Elder Law for Georgia on
Q: In families with >1 kid who is responsible? A exclusions single parents?

I am the oldest of 4 adult kids, and single mom to a teen. I can no longer provide the financial and physical support for my aging mom ( turns 70 in Jan) as I have for the past 14 years. My other 3 siblings have no children, although the next oldest is married. Can I be sued for asking Mom to move... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 9, 2020

You should talk to both a professional care manager and an elder law attorney about options for support caring for your mom. She might be eligible for Medicaid to pay for assisted living or skilled nursing, depending on the level of care needed. Good elder law attorneys either have professional... Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: Can I stop my brother from stealing inheritance money?

Over 5 years ago my father told my oldest brother and sister that he wanted to leave the house to me since I had been taking care of him for over five years as his caregiver. They fully gave their blessing. Without my knowledge, another very untrustworthy brother that my father purposely left out... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 30, 2020

I cannot tell from your question if your father is still alive or not. If your father is alive, all he needs to do is change his will again to reflect his true wishes. What someone tells you during life is unenforceable when that person dies unless it is in his will. If your father is dead, and if... Read more »

1 Answer | Asked in Estate Planning and Juvenile Law for Georgia on
Q: Can I use my child's UTMA funds for prior education & school activities?

Our child has a UTMA with investments and cash in it. We have never taken money out of it. We didn't realize that we could use it for education, child betterment and school activities. We paid all of these expenses out of pocket for many years and are now in debt because of it.

Nina Whitehurst
Nina Whitehurst answered on Apr 24, 2020

Under the Georgia UTMA custodian may expend the minor's funds for the support, maintenance, education, and general use and benefit of the minor. However, it would be inappropriate to expend the fund to bail the minor's parents out of debt. The safest course of action would be to use... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: I am in need of a lawyer to help me probate my grandmothers estate she left a will and I am not sure what to do next

My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 21, 2020

Offering a will for probate and administering the estate when you are not local can be very difficult. We would be happy to assist you with the issues you discussed in your question. There are many good law firms around the Atlanta area, but you want to locate one that specializes in probate... Read more »

2 Answers | Asked in Estate Planning for Georgia on
Q: My brother signed a handwritten letter concerning his final wishes in Ga. is it valid?
Jammie Taire
Jammie Taire answered on Apr 21, 2020

I would first like to extend my condolences for your loss. You stated that it was a letter. In Georgia, one of the basic requirements for it to be a valid will is that it must be signed by two (2) witnesses who are not listed. If it is not then it is not "valid".

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2 Answers | Asked in Estate Planning for Georgia on
Q: do you need an attorney for a deed being transfered from immediate family
Jammie Taire
Jammie Taire answered on Apr 20, 2020

The answer to this question is it depends. If everyone is alive then you do not necessarily need an attorney and you may be able to simply convey the property with a quitclaim deed. If there is a mortgage on the property, you may want to check the security deed to see if there are penalties... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: aunt dies inGeorgia with a will and husband passed 10 years before her without a will. KY land never, change to her.

The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 4, 2020

If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.

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